La disciplina delle mansioni nel d. lgs. n. 81 del 2015 = Discipline of duties in d. lgs. n. 81 of 2015. WP C.S.D.L.E. “Massimo D’Antona”.IT – 291/2016

Amendola , Fabrizio (2016) La disciplina delle mansioni nel d. lgs. n. 81 del 2015 = Discipline of duties in d. lgs. n. 81 of 2015. WP C.S.D.L.E. “Massimo D’Antona”.IT – 291/2016. [Policy Paper]

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Abstract

The Author examines the new rules of employees’ duties introduced by Legislative Decree no. 81/2015, through a rational analysis of the first doctrinal comments. He wonders particularly whether worker’s expertise may be considered as still protected - and eventually within which new boundaries - since the notion of ‘equivalence’ has been repealed in new Article 2103 of Civil Code. In order to give a reliable answer, the Author recalls some significant judgments of the High Courts, verifying their potential impact on the interpretation of the new rules, proposes a possible jurisprudential development and suggests some solutions.

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